O'Hara
O'Hara v. Luckenbach S. S. Co.
Opinion
Lead Opinion
Hunt, J.
Appellants were quartermasters on the SteamsMp Louis Luekenbaeh on a voyage from New York to Pacific Coast' ports and return to- the Atlantic, at a wage of $45 per month. Upon arrival in San Praneisco appellants demanded discharges and wages, on the ground that certain members of the crew, other than libel-ants, had not been divided into equal watches. Seamen’s Act, March 4, 1915, 38 Stat. 1164 . Payment was refused. Libelants brought action in the District Court to recover their wages and for penalties for nonpayment. Decree was entered in'favor of the steamsMp company. On appeal to this court the decree was affirmed. O’Hara v. Luckenbach, 1 F. (2d) 923. Certiorari was granted by the Supreme Court, and the decree of this court was reversed. O’Hara v. Luckenbach Co., 269 U. S. 364 , 46 S. Ct. 157 , 70 L. Ed. 313 . In due course decree was presented to the District Court providing for recovery of penalties of two days’ pay for each day from the date of discharge until the entry of the first decree in the District Court. Upon objection by the steamship company, the District Court struck out the provision for penalties, and entered a decree for the amount of wages claimed, with…